DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER
AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXXXX Case Number PD-2017-05511

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Marine Corps. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The covered individual (CI) was an active duty E5, Aviation Ordnance Systems Technician, medically separated for “status post (s/p) L5-S1 posterior spinal fusion with instrumentation” with a disability rating of 20% which the PEB coded 5241 (spinal fusion). The PEB also listed spondylolisthesis and chronic low back pain as related Category II conditions that contributed to the primary unfitting condition but were not separately ratable). The impairment from the spondylolisthesis and chronic low back pain were properly subsumed under the overall rating for the posterior spinal fusion condition IAW
§4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA rated the S/P lumbar fusion condition 10%, dual coded 5239-5241 (spondylolisthesis-spinal fusion), based on the Compensation and Pension examination, citing limitation of forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; and combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. There was no documentation of intervertebral disc syndrome with incapacitating episodes which would provide for a higher rating under that formula. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the posterior spinal fusion condition.

DEPARTMENT OF THE NAVY
SECRETARY OF TIIB NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REF.ER TO:
1850
CORB: 003
10 Sep20

From: Director, Secretary of the Navy Council of Review Boards To:	

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.